BCCI told to file reply on merits in Jadeja case

The Delhi high court on Wednesday asked the Board of Control for Cricket in India to file a reply on the merits of the case, banning cricketer Ajay Jadeja for five years on match-fixing charges.

Directing the BCCI to file replies on the merits of the case within a week, Justice Mukul Mudgal said: "In the meantime hearing of the case will continue."

Appearing for Jadeja, senior advocate P P Malhotra alleged that the decision to ban the former all-rounder for five years was taken without following the principles of "natural justice" and "rule of law".

"The BCCI has not followed the principle of natural justice. Any action of the board should be in conformity with the rule of law," he said, adding that Jadeja's claim for relief is maintainable under Article 226 of the Constitution.

Earlier, during the course of arguments, BCCI counsel had said Jadeja's petition, challenging the board's decision to ban him from playing, is not maintainable under Article 226, as the board does not perform any of the state's functions.

Stating that the scope of Article 226 is wide, Malhotra contended that "technicalities should not come in the way of guaranteeing natural justice and maintaining the rule of law when a body is involved in performing public duty".

The arguments from both sides had been confined to the issue of the maintainability of the petition under Article 226 of the Constitution.

Jadeja's counsel had earlier contended that "the scope of Article 226, under which any citizen can move the high court seeking relief for violation of his right, is very wide as such a right can be enforced against a state, its authorities or a person."

The cricketer, in his civil writ, has sought quashing of the ban as well as Union Sports Ministry's notice to him seeking an explanation why the Arjuna award conferred on him should not be taken back.

The BCCI had imposed a life ban on former India captain Mohammad Azharuddin and Ajay Sharma, while Jadeja and Manoj Prabhakar were banned for five years.

Mail Cricket Editor